EG&G Technical Services, Inc. v. Cheryl L. Tiffany ( 2012 )


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  •                                COURT OF APPEALS OF VIRGINIA
    Present: Judges Frank, Huff and Senior Judge Haley
    EG&G TECHNICAL SERVICES, INC. AND
    INSURANCE COMPANY OF THE
    STATE OF PENNSYLVANIA
    MEMORANDUM OPINION *
    v.     Record No. 0834-12-4                                                PER CURIAM
    SEPTEMBER 4, 2012
    CHERYL L. TIFFANY
    FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION
    (Kathryn Spruill Lingle; Midkiff, Muncie & Ross, P.C., on brief), for
    appellants.
    (Craig A. Brown; Ashcraft & Gerel, LLP, on brief), for appellee.
    EG&G Technical Services, Inc. (hereinafter referred to as employer) appeals a decision
    of the Workers’ Compensation Commission reversing the deputy commissioner’s opinion and
    reinstating disability benefits to Cheryl L. Tiffany (claimant). Employer contends the
    commission erred by 1) finding the medical evidence did not provide sufficient information to
    determine if claimant had been released to perform her pre-injury job duties, 2) finding employer
    had the burden of establishing claimant’s treating physician was familiar with her pre-injury job
    duties, and 3) “placing the burden of proof on [employer] to prove that [claimant’s] non-work
    related conditions did not prevent a return to work.” We have reviewed the record and the
    commission’s opinion and find that this appeal is without merit. Accordingly, we affirm for the
    reasons stated by the commission in its final opinion. See Tiffany v. EG&G Technical Servs.,
    Inc., VWC File No. JCN VA000-0031-3183 (Apr. 9, 2012). We dispense with oral argument
    *
    Pursuant to Code § 17.1-413, this opinion is not designated for publication.
    and summarily affirm because the facts and legal contentions are adequately presented in the
    materials before the Court and argument would not aid the decisional process. See Code
    § 17.1-403; Rule 5A:27.
    Affirmed.
    -2-
    

Document Info

Docket Number: 0834124

Filed Date: 9/4/2012

Precedential Status: Non-Precedential

Modified Date: 4/18/2021